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Natural Resources Defense Council, Inc. v. U.S. Department of the Interior

A district court vacated DOI's 2017 policy allowing incidental takings and killings of migratory birds. Environmental groups and states challenged the policy, arguing that it violated the Migratory Bird Treaty Act (MBTA) by interpreting the Act as only prohibiting takes or kills resulting from activ...

Alliance for the Wild Rockies v. Burman

A district court denied a motion to dismiss or stay a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout near Glacier National Park. An environmental group argued the Bureau's water control and delivery structures that were part of its irrigation project near th...

Driftless Area Land Conservancy v. Huebsch

The Seventh Circuit reversed the denial of transmission companies' motion to intervene in a lawsuit challenging the Wisconsin Public Service Commission's approval of a $500 million electricity transmission line in southwestern Wisconsin. Environmental groups challenged the approval on constitutional...

Howard County v. Federal Aviation Administration

The Fourth Circuit dismissed a petition to vacate or set aside the FAA's modification to a series of flight routes that caused residents of historic areas of a county in Maryland to endure "insufferable levels of noise." The county argued that the FAA failed to comply with environmental statutes and...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

The Fifth Circuit affirmed, 2-1, a lower court ruling in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were invalid because they fell outside the agency's authority to regulate fish...